In an effort to manage the increasing backlog of applications from foreign lawyers seeking requalification, the Bar Standards Board (BSB) has decided to engage external solicitors. This move comes in response to the unexpectedly high number of applicants intending to practise in England and Wales.
The BSB has been under mounting pressure to process a significant rise in applications from foreign lawyers aiming to qualify at the Bar. Until recently, it was assumed that most applicants sought the qualification as a professional accolade to enhance their practice in their home countries. However, recent evidence suggests that a majority indeed plan to practise in England and Wales. To address this discrepancy, external legal teams are being called in to aid the overwhelmed authorisation team.
Since April 2024, the BSB’s internal taskforce has managed to decide on 119 applications, despite new applications continuing to flood in at a rate of 50-60 per month. Alarmingly, only 46 applications were approved from April to June, while 132 new submissions were received. This has left 738 applications pending.
The challenge is compounded by the complexity of the applications, which often involve extensive personal statements and incomplete documentation. The BSB has prioritised processing applications from solicitors and foreign lawyers with offers of tenancy or pupillage, yet the oldest applications date back to December 2022.
To prevent future occurrences of such a backlog, the BSB has proposed dialogue with international counterparts to create memoranda of understanding. Such agreements could streamline the evaluation of qualification equivalencies, thus expediting the application process.
Notably, the BSB board has been informed that 75% of respondents intend to practise in the UK within the next three years, contradicting earlier assumptions. This revelation underscores the need for an efficient and responsive process to meet the aspirations of foreign practitioners.
The decision to involve external law firms represents a strategic move by the BSB to alleviate the pressure on its authorisation team and improve service delivery. Optimistically, these efforts will clear the existing backlog within a year, setting a precedent for enhanced international cooperation and streamlined processes for future applicants.
